District Court Opinion (nuTSR, Tenkar) 2024-09-15

[Snarf Zagyg]

@Nikosandros @aramis erak @Maggan @tenkar

First, howdy Tenkar! Didn't know you were following this!

Second, I didn't realize that resources got posted in the main threads. I was putting in the resource in order to make this thread-

nuTSR and the Defamation Lawsuit: How to Read the Appellate Brief of LaNasa

This is, of course, the 30th installment of Snarfsplains the Law (numbers are approximate, yet tiring). No one told me that there would be maths. And today we shall learn how to read an appellate brief and understand all the information in it, specifically, all of the information that is hidden...

www.enworld.org

It's an analysis of the district court's order (here) as well as the appellate brief by Lanasa's attorney.

Procedurally-
1. The district court (the trial court) dismissed the complaint (second amended) with prejudice, ending the case.
2. Lanasa appealed.
3. The first brief has been filed by Lanasa with the 2d Cir. (appellate court) which I have analyzed in the thread.

Coming up-
The response brief (by Tenkar's attorney) is due on November 7, IIRC. Then there is a reply brief. Then there may be oral arguments, and finally an opinion.

The thread I made should get you up to speed, and when the response brief is put out, I will make an analysis of that.

 

[John Dallman]

Is it possible that LaNasa's lawyer doesn't understand defamation? Tenkar's name-calling was annoying, by any reasonable standard, but the difference between annoying and actionable is important.

 

[MichaelSomething]

He clearly saw the Streisand Effect as a model, not a warning.

Sometimes people need to know when to shut up. This whole legal debacle (well mainly the one with WotC, not Tenkar--nobody knows who that is) which HE started has destroyed his reputation in the TTRPG community. Why does he keep repeatedly kicking himself in the groin and turning himself into a bizarre comedy villain? He knows he can never be a real TTRPG publisher now, right? He just had to shut up...

Now I'm wondering if this could be turned into some type of TTRPG in itself. It would at least be a good Fiasco deck.

 

[jdrakeh]

Is it possible that LaNasa's lawyer doesn't understand defamation?

I have my suspicions that may be part of it. I also suspect he may be a wee bit unethical.

 

[tenkar]

If you set up a crowdfunder to cover expenses, I'll chip in.

(I believe you've said you won't, but just in case you change your mind, I'm sure others would help as well).

My expenses are still on going, and I’d rather know the final amount before doing a GoFundMe, if i do such. I appreciate the thoughts. Thank you.

 

[tenkar]

@Nikosandros @aramis erak @Maggan @tenkar

First, howdy Tenkar! Didn't know you were following this!

Second, I didn't realize that resources got posted in the main threads. I was putting in the resource in order to make this thread-

nuTSR and the Defamation Lawsuit: How to Read the Appellate Brief of LaNasa

This is, of course, the 30th installment of Snarfsplains the Law (numbers are approximate, yet tiring). No one told me that there would be maths. And today we shall learn how to read an appellate brief and understand all the information in it, specifically, all of the information that is hidden...

www.enworld.org

It's an analysis of the district court's order (here) as well as the appellate brief by Lanasa's attorney.

Procedurally-
1. The district court (the trial court) dismissed the complaint (second amended) with prejudice, ending the case.
2. Lanasa appealed.
3. The first brief has been filed by Lanasa with the 2d Cir. (appellate court) which I have analyzed in the thread.

Coming up-
The response brief (by Tenkar's attorney) is due on November 7, IIRC. Then there is a reply brief. Then there may be oral arguments, and finally an opinion.

The thread I made should get you up to speed, and when the response brief is put out, I will make an analysis of that.

I appreciate the detailed breakdown. Keep up the good work

 

[tenkar]

He clearly saw the Streisand Effect as a model, not a warning.

Sometimes people need to know when to shut up. This whole legal debacle (well mainly the one with WotC, not Tenkar--nobody knows who that is) which HE started has destroyed his reputation in the TTRPG community. Why does he keep repeatedly kicking himself in the groin and turning himself into a bizarre comedy villain? He knows he can never be a real TTRPG publisher now, right? He just had to shut up...

I am a small fish in a small pond. Not being well known outside my small pond works for me

 

[aramis erak]

Is it possible that LaNasa's lawyer doesn't understand defamation? Tenkar's name-calling was annoying, by any reasonable standard, but the difference between annoying and actionable is important.

Possible; many lawyers are specialized and wind up taking the occasional case outside their expertise. This can often lead to bad advice to clients.

Also, there's the issue of whether or not LaNasa is a public figure as defined by law. Slander, Libel, and Defamation have different thresholds for public vs private figures.